July 29th, 2018

US Court of Appeals for the Fifth Circuit Opinions
United States v. Anchundia-Espinoza

Docket: 17-40584
Opinion Date: July 27, 2018
Judge: Edith Brown Clement
Areas of Law: Criminal Law

The Fifth Circuit affirmed defendant's sentence after he pleaded guilty to conspiracy to possess, with the intent to distribute, cocaine while aboard a vessel subject to the jurisdiction of the United States, in violation of 46 U.S.C. 70503(a)(1), 70506(a) & (b) and 21 U.S.C. 960. The court followed its precedent in strictly construing the safety valve provision and holding that section 70503 was not specifically provided for under 18 U.S.C. 3553(f), but also was not an offense under section 960. Therefore, the district court did not err by denying defendant safety valve relief. The court further held that the district court did not clearly err by denying defendant a two-level sentencing reduction in his offense level for playing a minor role in the conspiracy.

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